[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR370.41]
[Page 453-461]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 370_HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW--Table
of Contents
Subpart D_Inventory Forms
Sec. 370.41 Tier II emergency and hazardous chemical inventory form.
(a) The form set out in paragraph (b) of this section shall be
completed and submitted as required in Sec. 370.25 of this part. In
lieu of the form set out in paragraph (b) of this section, the facility
owner or operator may submit a State or local form that contains
identical content.
(b) Tier II Emergency and Hazardous Chemical Inventory Form.
[[Page 454]]
[GRAPHIC] [TIFF OMITTED] TC02AU92.037
[[Page 455]]
[GRAPHIC] [TIFF OMITTED] TC02AU92.038
Tier Two Instructions
General Information
Submission of this Tier Two form (when requested) is required by
Title III of the Superfund Amendments and Reauthorization Act of 1986,
Section 312, Public Law 99-499, codified at 42 U.S.C. Section 11022. The
purpose of this Tier Two form is to provide State and local officials
and the public with specific information on hazardous chemicals present
at your facility during the past year.
[[Page 456]]
Certification
The owner or operator or the officially designated representative of
the owner or operator must certify that all information included in the
Tier Two submission is true, accurate, and complete. On the first page
of the Tier Two report, enter your full name and official title. Sign
your name and enter the current date. Also, enter the total number of
pages included in the Confidential and Non-Confidential Information
Sheets as well as all attachments. An original signature is required on
at least the first page of the submission. Submissions to the SERC,
LEPC, and fire department must each contain an original signature on at
least the first page. Subsequent pages must contain either an original
signature, a photocopy of the original signature, or a signature stamp.
Each page must contain the date on which the original signature was
affixed to the first page of the submission and the total number of
pages in the submission.
You Must Provide All Information Requested on This Form To Fulfill Tier
Two Reporting Requirements
This form may also be used as a worksheet for completing the Tier
One form or may be submitted in place of the Tier One form.
Who Must Submit This Form
Section 312 of Title III requires that the owner or operator of a
facility submit this Tier Two form if so requested by a State emergency
response commission, a local emergency planning committee, or a fire
department with jurisdiction over the facility.
This request may apply to the owner or operator of any facility that
is required, under regulations implementing the Occupational Safety and
Health Act of 1970, to prepare or have available a Material Safety Data
Sheet (MSDS) for a hazardous chemical present at the facility. MSDS
requirements are specified in the Occupational Safety and Health
Administration (OSHA) Hazard Communication Standard, found in Title 29
of the Code of Federal Regulations at Sec. 1910.1200.
This form does not have to be submitted if all of the chemicals
located at your facility are excluded under Section 311(e) of Title III.
What Chemicals are Included
If you are submitting Tier Two forms in lieu of Tier One, you must
report the required information on this Tier Two form for each hazardous
chemical present at your facility in quantities equal to or greater than
established threshold amounts (discussed below), unless the chemicals
are excluded under Section 311(e) of Title III. Hazardous chemicals are
any substance for which your facility must maintain an MSDS under OSHA's
Hazard Communication Standard.
If you elect to submit Tier One rather than Tier Two, you may still
be required to submit Tier Two information upon request.
What Chemicals are Excluded
Section 311(e) of Title III excludes the following substances:
(i) Any food, food additive, color additive, drug, or cosmetic
regulated by the Food and Drug Administration;
(ii) Any substance present as a solid in any manufactured item to
the extent exposure to the substance does not occur under normal
conditions of use;
(iii) Any substance to the extent it is used for personal, family,
or household purposes, or is present in the same form and concentration
as a product packaged for distribution and use by the general public;
(iv) Any substance to the extent it is used in a research laboratory
or a hospital or other medical facility under the direct supervision of
a technically qualified individual;
(v) Any substance to the extent it is used in routine agricultural
operations or is a fertilizer held for sale by a retailer to the
ultimate customer.
OSHA regulations, Sec. 1910.1200(b), stipulate exemptions from the
requirement to prepare or have available an MSDS.
Reporting Thresholds
Minimum thresholds have been established for Tier One/Tier Two
reporting under Title III, Section 312. These thresholds are as follows:
[[Page 457]]
For Extremely Hazardous Substances (EHSs) designated under section
302 of Title III, the reporting threshold is 500 pounds (or 227 kg.) or
the threshold planning quantity (TPQ), whichever is lower;
For all other hazardous chemicals for which facilities are required
to have or prepare an MSDS, the minimum reporting threshold is 10,000
pounds (or 4,540 kg.).
You need to report hazardous chemicals that were present at your
facility at any time during the previous calendar year at levels that
equal or exceed these thresholds. For instructions on threshold
determinations for components of mixtures, see ``What About Mixtures?''
on page 2 of these instructions.
A requesting official may limit the responses required under Tier
Two by specifying particular chemicals or groups of chemicals. Such
requests apply to hazardous chemicals regardless of established
thresholds.
Instructions
Please read these instructions carefully. Print or Type all Responses
When to Submit This Form
Owners or operators of facilities that have hazardous chemicals on
hand in quantities equal to or greater than set threshold levels must
submit either Tier One or Tier Two forms by March 1.
If you choose to submit Tier One, rather than Tier Two, be aware
that you may have to submit Tier Two information later, upon request of
an authorized official. You must submit the Tier Two form within 30 days
of receipt of a written request.
Where To Submit This Form
Send either a completed Tier One form or Tier Two form(s) to each of
the following organizations:
1. Your State Emergency Response Commission.
2. Your Local Emergency Planning Committee.
3. The fire department with jurisdiction over your facility.
If a Tier Two form is submitted in response to a request, send the
completed form to the requesting agency.
Penalties
Any owner or operator who violates any Tier Two reporting
requirements shall be liable to the United States for a civil penalty of
up to $25,000 for each such violation. Each day a violation continues
shall constitute a separate violation.
If your Tier Two responses require more than one page use additional
forms and fill in the page number at the top of the form.
Reporting Period
Enter the appropriate calendar year, beginning January 1 and ending
December 31.
Facility Identification
Enter the full name of your facility (and company identifier where
appropriate).
Enter the full street address or state road. If a street address is
not available, enter other appropriate identifiers that describe the
physical location of your facility (e.g., longitude and latitude).
Include city, county, state, and zip code.
Enter the primary Standard Industrial Classification (SIC) code and
the Dun & Bradstreet number for your facility. The financial officer of
your facility should be able to provide the Dun & Bradstreet number. If
your firm does not have this information, contact the State or regional
office of Dun & Bradstreet to obtain your facility number or have one
assigned.
Owner/Operator
Enter the owner's or operator's full name, mailing address, and
phone number.
Emergency Contact
Enter the name, title, and work phone number at least one local
person or office who can act as a referral if emergency responders need
assistance in responding to a chemical accident at the facility.
Provide an emergency phone number where such emergency information
will be available 24 hours a day, every day.
[[Page 458]]
The requirement is mandatory. The facility must make some arrangement to
ensure a 24 hour contact is available.
Identical Information
Check the box indicating indentical information, located below the
emergency contacts on the Tier Two form, if the current chemical
information being reported is identical to that submitted last year.
Chemical descriptions, hazards, amounts, and locations must be provided
in this year's form, even if the information is identical to that
submitted last year.
Chemical Information: Description, Hazards, Amounts, and Locations
The main section of the Tier Two form requires specific information
on amounts and locations of hazardous chemicals, as defined in the OSHA
Hazard Communication Standard.
If you choose to indicate that all of the information on a specific
hazardous chemical is identical to that submitted last year, check the
appropriate optional box provided at the right side of the storage codes
and locations on the Tier Two form. Chemical descriptions, hazards,
amounts, and locations must be provided even if the information is
identical to that submitted last year.
What units should I use?
Calculate all amounts as weight in pounds. To convert gas or liquid
volume to weight in pounds, multiply by an appropriate density factor.
What about mixtures?
If a chemical is part of a mixture, you have the option of reporting
either the weight of the entire mixture or only the portion of the
mixuture that is a particular hazardous chemical (e.g., if a hazardous
solution weights 100 lbs. but is composed of only 5% of a particular
hazardous chemical, you can indicate either 100 lbs. of the mixture or 5
lbs. of the chemical).
The option used for each mixture must be consistent with the option
used in your Section 311 reporting.
Because EHSs are important to Section 303 planning, EHSs have lower
thresholds. The amount of an EHS at a facility (both pure EHS substances
and EHSs in mixtures) must be aggregated and purposes of threshold
determination. It is suggested that the aggregation calculation be done
as a first step in making the threshold determination. Once you
determine whether a threshold for an EHS has been reached, you should
report either the total weight of the EHS at your facility, or the
weight of each mixture containing the EHS.
Chemical Description
1. Enter the Chemical Abstract Service registry number (CAS). For
mixtures, enter the CAS number of the mixture as a whole if it has been
assigned a number distinct from its constituents. For a mixture that has
no CAS number, leave this item blank or report the CAS numbers of as
many constituent chemicals as possible.
If you are withholding the name of a chemical in accordance with
criteria specified in Title III, Section 322, enter the generic class or
category that is structurally descriptive of the chemical (e.g., list
toulene diisocyanate as organic isocyanate) and check the box marked
Trade Secret. Trade secret information should be submitted to EPA and
must include a substantiation. Please refer to EPA's final regulation on
trade secrecy (53 FR 28772, July 29, 1988) for detailed information on
how to submit trade secrecy claims.
2. Enter the chemical name or common name of each hazardous
chemical.
3. Check box for ALL applicable descriptors: pure or mixture; and
solid, liquid, or gas; and whether the chemical is or contains an EHS.
4. If the chemical is a mixture containing an EHS, enter the
chemical name of each EHS in the mixture.
Example: You have pure chlorine as on hand, as well as two mixtures
that contain liquid chlorine. You write ``chlorine'' and enter the CAS
number. Then you check ``pure'' and ``mix''--as well as ``liquid'' and
``gas''.
Physical and Health Hazards
For each chemical you have listed, check all the physical and health
hazard boxes that apply. These hazard categories are defined in 40 CFR
370.2. The two health hazard categories and three physical hazard
categories are a consolidation of the 23 hazard categories defined in
the OSHA Hazard Communication Standard, 29 CFR 1910.1200.
[[Page 459]]
Hazard Category Compensation For Reporting Under Sections 311 and 312
------------------------------------------------------------------------
EPA's hazard categories OSHA's hazard categories
------------------------------------------------------------------------
Fire Hazard............................... Flammable
Combustion Liquid
Pyrophoric
Oxidizer
Sudden Release of Pressure................ Explosive
Compressed Gas
Reactive.................................. Unstable Reactive
Organic Peroxide
Water Reactive
Immediate (Acute) Health Hazards.......... Highly Toxic
Toxic
Irritant
Sensitizer
Corrosive
Other hazardous chemicals
with an adverse effect with
short term exposure
Delayed (Chronic) Health Hazard........... Carcinogens
Other hazardous chemicals
with an adverse effect with
long term exposure
------------------------------------------------------------------------
Maximum Amount
1. For each hazardous chemical, estimate the greatest amount present
at your facility on any single day during the reporting period.
2. Find the appropriate range value code in table I.
3. Enter this range value as the Maximum Amount.
Table I--Reporting Ranges
------------------------------------------------------------------------
Weight range in pounds
Range value -------------------------------------------
From To
------------------------------------------------------------------------
01.......................... 0 99
02.......................... 100 999
03.......................... 1,000 9,999
04.......................... 10,000 99,999
05.......................... 100,000 999,999
06.......................... 1,000,000 9,999,999
07.......................... 10,000,000 49,999,999
08.......................... 50,000,000 99,999,999
09.......................... 100,000,000 499,999,999
10.......................... 500,000,000 999,999,999
11.......................... 1 billion higher than 1 billion
------------------------------------------------------------------------
If you are using this form as a worksheet for completing Tier One,
enter the actual weight in pounds in the shaded space below the response
blocks. Do this for both Maximum Amount and Average Daily Amount.
Example: You received one large shipment of a solvent mixture last
year. The shipment filled five 5,000-gallon storage tanks. You know that
the solvent contains 10% benzene, which is a hazardous chemical.
You figure that 10% of 25,000 gallons is 2,500 gallons. You also
know that the density of benzene is 7.29 pounds per gallon, so you
multiply 2,500 gallons by 7.29 pounds per gallon to get a weight of
18,225 pounds.
Then you look at table I and find that the range value 04
corresponds to 18,225. You enter 04 as the Maximum Amount.
(If you are using the form as a worksheet for completing a Tier One
form, you should write 18,255 in the shaded area.)
Average Daily Amount
1. For each hazardous chemical, estimate the average weight in
pounds that was present at your facility during the year.
To do this, total all daily weights and divide by the number of days
the chemical was present on the site.
2. Find the appropriate range value in table I.
3. Enter this range value as the Average Daily Amount.
Example: The 25,000-gallon shipment of solvent you received last
year was gradually used up and completely gone in 315 days. The sum of
the daily volume levels in the tank is 4,536,000 gallons. By dividing
4,536,000 gallons by 315 days on-site, you calculate an average daily
amount of 14,400 gallons.
You already know that the solvent contains 10% benzene, which is a
hazardous chemical. Since 10% of 14,400 is 1,440, you figure that you
had an average of 1,440 gallons of benzene. You also know that the
density of benzene is 7.29 pounds per gallon, so you multiply 1,440 by
7.29 to get a weight of 10,500 pounds.
Then you look at table I and find that the range value 04
corresponds to 10,500. You enter 04 as the Average Daily Amount.
(If you are using the form as a worksheet for completing a Tier One
form, you should write 10,500 in the shaded area.)
Number of Days On-Site
Enter the number of days that the hazardous chemical was found on-
site.
Example: The solvent composed of 10% benzene was present for 315
days at your facility. Enter 315 in the space provided.
[[Page 460]]
Storage Codes and Storage Locations
List all non-confidential chemical locations in this column, along
with storage types/conditions associated with each location. Please note
that a particular chemical may be located in several places around the
facility. Each row of boxes followed by a line represents a unique
location for the same chemical.
Storage Codes: Indicate the types and conditions of storage present.
a. Look at table II. For each location, find the appropriate storage
type and enter the corresponding code in the first box.
b. Look at table III. For each location, find the appropriate
storage types for pressure and temperature conditions. Enter the
applicable pressure code in the second box. Enter the applicable
temperature code in the third box.
Table II--Storage Types
------------------------------------------------------------------------
Codes Types of storage
------------------------------------------------------------------------
A Above ground tank
B Below ground tank
C Tank inside building
D Steel drum
E Plastic or non-metallic drum
F Can
G Carboy
H Silo
I Fiber drum
J Bag
K Box
L Cylinder
M Glass bottles or jugs
N Plastic bottles or jugs
O Tote bin
P Tank wagon
Q Rail car
R Other
------------------------------------------------------------------------
Table III--Temperature and Pressure Conditions
------------------------------------------------------------------------
Codes Storage conditions
------------------------------------------------------------------------
(Pressure)
1 Ambient pressure
2 Greater than ambient pressure
3 Less than ambient pressure
(Temperature)
4 Ambient temperature
5 Greater than ambient temperature
6 Less than ambient temperature but not cryogenic
7 Cryogenic conditions
------------------------------------------------------------------------
Example: The benzene in the main building is kept in a tank inside
the building, at ambient pressure and less than ambient temperature.
Table II shows you that the code for a tank inside a building is C.
Table III shows you that the code for ambient pressure is 1, and the
code for less than ambient temperature is 6.
You enter: C 1 6
Storage Locations: Provide a brief description of the precise
location of the chemical, so that emergency responders can locate the
area easily. You may find it advantageous to provide the optional site
plan or site coordinates as explained below.
For each chemical, indicate at a minimum the building or lot.
Additionally, where practical, the room or area may be indicated. You
may respond in narrative form with appropriate site coordinates or
abbreviations.
If the chemical is present in more than one building, lot, or area
location, continue your responses down the page as needed. If the
chemical exists everywhere at the plant site simultaneously, you may
report that the chemical is ubiquitous at the site.
Optional attachments: If you choose to attach one of the following,
check the appropriate Attachments box at the bottom of the Tier Two
form.
a. A site plan with site coordinates indicated for buildings, lots,
areas, etc. throughout your facility.
b. A list of site coordinate abbreviations that correspond to
buildings, lots, areas, etc. throughout your facility.
c. A description of dikes and other safeguard measures for storage
locations throughout your facility.
Example: You have benzene in the main room of the main building, and
in tank 2 in tank field 10. You attach a site plan with coordinates as
follows: main building = G-2, tank field 10 = B-6. Fill in the Storage
Location as follows:
[fxsp0]_________________________________________________________________
B-6 [Tank 2] G-2 [Main room]
[fxsp0]_________________________________________________________________
Confidential Information
Under Title III. Section 324, you may elect to withhold location
information on a specific chemical from disclosure to the public. If you
choose to do so:
Enter the word ``confidential'' in the Non-
Confidential Location section of the Tier Two form on the first line of
the storage locations.
[[Page 461]]
On a separate Tier Two Confidential Location
Information Sheet, enter the name and CAS number of each chemical for
which you are keeping the location confidential.
Enter the appropriate location and storage
information, as described above for non-confidential locations.
Attach the Tier Two Confidential Location
Information Sheet to the Tier Two form. This separates confidential
locations from other information that will be disclosed to the public.
Certification
Instructions for this section are included on page one of these
instructions.
[55 FR 30650, July 26, 1990]